Josphat Maweu v Creative Cleaning Services Ltd [2017] KEELRC 1473 (KLR)

Facts

The Claimant, Joseph Maweu, was employed by the Respondent, Creative Cleaning Services Ltd. He was sent on compulsory leave in May 2011 and did not resume work. He claimed unfair termination and underpayment.

Issues

1. whether the employment of the Claimant was unfairly terminated
2. nature of contract between Claimant and Respondent
3. whether Claimant was underpaid
4. whether Claimant had pending leave at point of separation
5. whether Claimant worked overtime
6. whether there are parallel proceedings and appropriate remedies

Reasoning

The Court found the Claimant's testimony more probable than the Respondent's, concluding the termination was due to low business and not due to the Claimant's fault.

Outcome

The Court found in favor of the Claimant and ordered the Respondent to pay 1 month's salary in lieu of notice, severance pay, and compensation.

Authorities cited